State v. Young

11 Citing cases

  1. Simpson v. Wal-Mart Stores

    744 A.2d 625 (N.H. 1999)   Cited 15 times

    We will not reverse a trial court's ruling on the admissibility of evidence absent an abuse of discretion." State v. Young, 144 N.H. 477, 482, 743 A.2d 1275, 1280 (1999). "To show an abuse of discretion, the defendant must demonstrate that the court's ruling was clearly untenable or unreasonable to the prejudice of his case.

  2. State v. Cannon

    146 N.H. 562 (N.H. 2001)   Cited 6 times
    Stating that "[e]xtrinsic evidence is permissible ... when it directly contradicts a witness's testimony because such evidence does not attack the witness's general credibility, but rather the truthfulness of the specific testimony"

    To show an abuse of discretion, the defendant must demonstrate that the court's ruling was clearly untenable or unreasonable to the prejudice of his case." State v. Young, 144 N.H. 477, 482 (1999) (citations and quotation omitted). [1-3] The rape shield doctrine generally prohibits introduction of evidence concerning the prior consensual sexual activities of sexual assault victims.

  3. State v. Adams

    169 N.H. 293 (N.H. 2016)   Cited 2 times

    " Based upon the record before us, we conclude that, to the extent that the defendant argues that the evidence was admissible to show bias, that issue is not preserved for our appellate review. See State v. Dodds, 159 N.H. 239, 244, 982 A.2d 377 (2009) (preservation requires a "contemporaneous and specific objection" and any objection not raised at trial is deemed waived (quotation omitted); see also State v. Young, 144 N.H. 477, 484–85, 743 A.2d 1275 (1999). The third issue raised by the defendant is whether the trial court erred by not allowing the defense to introduce evidence regarding alleged "prosecutorial overreaching."

  4. State v. Madigan

    2015 Vt. 59 (Vt. 2015)   Cited 12 times
    Concluding improper admission of testimony concerning witness’s reputation for truthfulness was not harmless where witness’s credibility was critical to State’s case

    E.g., Monday v. State, 792 So. 2d 1278 , 1281-83 (Fla. Dist. Ct. App. 2001) (victim-witness’s prior consistent statement was admissible for rehabilitation, because it could be useful to jury for credibility finding); James v. Commonwealth, 360 S.W.3d 189 , 205-07 (Ky. 2012) (prior consistent statements of victim to detective admissible to rehabilitate credibility, not as substantive evidence); State v. Young, 743 A.2d 1275 , 1277-81 (N.H. 1999) (victim’s prior consistent statements were admissible to rebut defendant’s allegation of victim’s improper motive to fabricate the occurrences of sexual assault); Tombroek v. State, 2009 WY 126 , ¶¶ 5-13, 217 P.3d 806 (physician’s testimony on two statements made by victim identifying the individual who had sexually assaulted her were admissible as prior consistent statements)

  5. State v. Pelletier

    149 N.H. 243 (N.H. 2003)   Cited 20 times
    Holding as privileged any conversation or act performed by a spouse "attributable to the husband-wife relation, i.e., that which might not be spoken or done openly in public as tending to expose personal feelings and relationships or tending to bring embarrassment or discomfiture to the participants if done outside the privacy of the marital relation"

    See State v. W.J.T. Enterprises, 136 N.H. 490, 493 (1992). That determination is an issue of fact for the trial court, see id., and we will not reverse its evidentiary ruling absent an unsustainable exercise of discretion, State v. Young, 144 N.H. 477, 482 (1999); see State v. Lambert, 147 N.H. 295, 296 (2001) (explaining "unsustainable exercise of discretion" standard). It is clear from the record that the State offered the challenged testimony about the content of the victim's notes to explain how she had disclosed the information to her classmate and why she felt comfortable doing so. It is also clear that the trial court overruled the defendant's objections to the testimony specifically on that basis.

  6. State v. Dale

    146 N.H. 286 (N.H. 2001)   Cited 4 times

    "We will not reverse a trial court's ruling on the admissibility of evidence absent an abuse of discretion." State v. Young, 144 N.H. 477, 482 (1999). "To show an abuse of discretion, the defendant must demonstrate that the court's ruling was clearly untenable or unreasonable to the prejudice of his case."

  7. State v. Woodard

    146 N.H. 221 (N.H. 2001)   Cited 17 times
    Holding that the probative value of the disputed evidence was reduced by other evidence offered for the same purpose

    To establish that a trial court has abused its discretion, the defendant must demonstrate that the court's ruling was clearly untenable or unreasonable to the prejudice of the defendant's case. See State v. Young, 144 N.H. 477, 482 (1999). The trial record indicates that the inquiry of the victim's mother concerning her failure to report her suspicions to the authorities was limited to the period of time after the discovery of the letters.

  8. State v. Francoeur

    146 N.H. 83 (N.H. 2001)   Cited 6 times

    To show an abuse of discretion, the defendant must demonstrate that the court's ruling was clearly untenable or unreasonable to the prejudice of his case." State v. Young, 144 N.H. 477, 482 (1999) (citations and quotation omitted). Although not ruled upon by the trial court, the State contends that the victim's assertion satisfies the medical diagnosis or treatment exception to the hearsay rule.

  9. State v. Johnson

    145 N.H. 647 (N.H. 2000)   Cited 5 times
    Holding that trial court erred by admitting videotaped statement when evidence of declarant's motive to lie was strong

    To show an abuse of discretion, the defendant must demonstrate that the court's ruling was clearly untenable or unreasonable to the prejudice of his case." State v. Young, 144 N.H. 477, 482, 743 A.2d 1275, 1280 (1999) (citations and quotation omitted). Hearsay may be admitted under the residual exception, if it is "[a] statement not specifically covered by any of the foregoing exceptions [in Rule 803], but having equivalent circumstantial guarantees of trustworthiness."

  10. State v. Soldi

    145 N.H. 571 (N.H. 2000)   Cited 13 times
    Referring to the " Roberts test"

    "We will not reverse a trial court's ruling on the admissibility of evidence absent an abuse of discretion." State v. Young, 144 N.H. 477, 482, 743 A.2d 1275, 1280 (1999). To satisfy the first prong, "[a] court must find first that the declarant intended to make the statements to obtain a medical diagnosis or treatment."